Being charged with Driving While Intoxicated (DWI) in Missouri is a serious matter with significant legal and financial consequences. At Rosenblum Robbins Law Firm, we understand how overwhelming a DWI arrest can be, and we are here to provide experienced legal support. In this blog, we’ll explain Missouri’s DWI laws, potential penalties, and how we can help protect your rights.
What Constitutes a DWI in Missouri?
Under Missouri law, you can be charged with a DWI if you are found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, it is 0.02%. You can also be charged with a DWI if law enforcement determines that you are impaired by alcohol or drugs, regardless of your BAC level.
Potential Penalties for a DWI
DWI penalties in Missouri vary based on factors such as prior offenses and the severity of the incident. Common penalties include:
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First Offense: Up to 6 months in jail, fines up to $500, and a 90-day license suspension.
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Second Offense: Up to 1 year in jail, fines up to $1,000, and a 1-year license revocation.
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Third or Subsequent Offenses: Classified as a felony, with potential prison time, higher fines, and a longer license revocation.
Additionally, you may be required to install an ignition interlock device (IID) on your vehicle, attend alcohol education programs, and pay various fees.
Implied Consent and Refusing a Breath Test
Missouri has an implied consent law, meaning that by driving, you agree to submit to chemical testing if suspected of a DWI. Refusing a breath, blood, or urine test can result in an automatic license suspension of up to one year, regardless of whether you are ultimately convicted of a DWI.
Defenses Against DWI Charges
Being charged with a DWI does not mean you are automatically guilty. There are several potential defenses, including:
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Improper Stop: If the officer lacked reasonable suspicion to stop you, the evidence may be inadmissible.
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Faulty Testing: Errors in administering or calibrating breath tests can lead to inaccurate BAC readings.
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Medical Conditions: Certain medical conditions can mimic signs of intoxication or affect BAC results.
Our attorneys at Rosenblum Robbins can evaluate your case, identify possible defenses, and work to minimize the impact of a DWI charge on your life.
Why Legal Representation Matters
DWI cases are complex and require an in-depth understanding of Missouri’s laws and procedures. An experienced attorney can help you navigate the legal process, negotiate for reduced charges, and protect your rights. If you’ve been charged with a DWI, contact Rosenblum Robbins to schedule a consultation.